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Management & Training Corporation (MTC) Collective Action Suit

Edgar Castro, et al. v. Management & Training Corporation, Case No. 1:20-cv-00058
United States District Court, District of Utah
Central Division

TO: All current and former non-exempt employees with the job title of “Correctional Officer” who worked 40 hours or more in any workweek and who engaged in pre-shift security screenings during the period measured from or after January 15, 2018, to the present and employed by Defendant at any of the following locations: East Mississippi Correctional Facility, Marshall County Correctional Facility, Wilkinson Correctional Facility and Otero County Processing Center.

RE: Management & Training Corporation- Fair Labor Standards Act Litigation

Note – to participate in this lawsuit, you must opt in by filling out the form below. You will not be included in the outcome of this suit unless you join using the form by the deadline of May 10, 2021.

To join this collective action suit, fill out the below form and send it to:

Gary Burger
500 North Broadway, Suite 1860
St. Louis, MO, 63102

Or email the PDF to:

MTC@Burgerlaw.com

Print the Opt-In Form

Introduction

The purpose of this Notice is to inform you of the existence of a collective action lawsuit in which you are potentially eligible to participate because you may be “similarly situated” to the named Plaintiffs. This Notice is also intended to advise you how your rights under the Fair Labor Standards Act (FLSA) may be affected by this lawsuit, and to instruct you on the procedure for participating in the lawsuit.

Description of the Lawsuit

A lawsuit has been brought by Edgar Castro, Jorge Guillen, and Jason Johnson (“Plaintiffs”) against Management & Training Corporation (MTC) in the United States District Court for the District of Utah. Plaintiffs seek to pursue this lawsuit on behalf of themselves and all other current or former corrections officers of MTC at the above listed locations any time between January 15, 2018, through present.

Plaintiffs claim all such MTC Correctional Officers engaged in pre-shift security screenings for MTC and that said screenings should be compensated. The lawsuit also claims that, because Plaintiffs and other Correctional Officers were not paid for the time performing this alleged work, they and other Correctional Officers were not paid all of the overtime they are owed and they are demanding that they and other Correctional Officers be paid for all unpaid overtime. They are also seeking damages in an amount equal to the alleged unpaid overtime. Further, Plaintiffs are requesting that MTC pay for their attorneys’ fees and costs.

MTC has denied and continues to deny Plaintiffs’ allegations and states that it has properly paid its employees consistent with its requirements under the Fair Labor Standards Act. MTC has repeatedly asserted and continues to assert defenses to the lawsuit, and has expressly denied and continues to deny any wrongdoing or legal liability arising out of any of the facts or conduct alleged by Plaintiffs.

The Court has not yet decided whether Plaintiffs are correct or whether Defendant is correct. The right to recover for any Plaintiff has not been established and is not guaranteed or certain.

Definition of the Collective

Plaintiffs seek to sue on behalf of themselves as well as other current or former hourly MTC Correctional Officers who worked over 40 hours in any workweek and who engaged in pre-shift security screenings beginning January 15, 2018, or after, to the present at any of the following locations: East Mississippi Correctional Facility, Marshall County Correctional Facility, Wilkinson Correctional Facility and Otero County Processing Center.

If you received a copy of this notice in an envelope specifically addressed to you, MTC’s records indicate that you may fit the above definition.

Your Right to Participate in the Lawsuit

You may join this lawsuit only if you meet the collective definition above. You are not required to join this lawsuit. However, if you wish to join as a Plaintiff, you may do so by mailing your completed and signed “Consent to Become a Party Plaintiff” form in the self-addressed stamped envelope provided or by otherwise sending the “Consent to Become a Party Plaintiff” form to Gary Burger, 500 North Broadway, Suite 1860, St. Louis, MO, 63102.

You can also email the “Consent to Become a Party Plaintiff” form in a PDF document to MTC@Burgerlaw.com. You can obtain another “Consent to Become a Party Plaintiff” form, submit it, and get additional information about this case at https://burgerlaw.com/MTCcollectiveaction (this page). You can call Burger Law with questions at 866-599-2222.This form must be returned postmarked, faxed or emailed by May 10, 2021. If your signed “Consent to Become a Party Plaintiff form is not postmarked, faxed or emailed by the May 10, 2021 deadline, you will not be able to participate in the lawsuit, and you will not be eligible to participate in any recovery that may be obtained by the lawsuit.

If you file a “Consent to Become a Party Plaintiff” form, the Court will decide whether you are a proper party.

Print the Opt-In Form

No Retaliation Permitted

If you join this lawsuit, federal law prohibits MTC from retaliating against you as a result of your participation.

Effect of Joining this Suit

If you choose to join this lawsuit, you will be bound by the judgment, whether it is favorable or unfavorable. You will also be bound by, and will share in, any settlement that may be reached on behalf of the collective. You give up the right to file a separate action for the claims made in this case. If you join the lawsuit, you may be required to provide information about your employment with MTC, answer written questions, produce documents, sit for deposition or testify in court.

Further, if you join the lawsuit and the Court finds in favor of Plaintiffs, you may be entitled to a money recovery. However, if you join the lawsuit, and the court rules in favor of MTC, you will be entitled to no relief.

You will not be required to pay any of your legal fees unless Plaintiffs are successful in this action. Plaintiffs’ attorneys are being paid on a contingency fee basis, which means that, if there is a recovery, the attorneys will receive a percentage of any recovery obtained on your behalf or may seek to obtain a Court Order under which they may receive a fee through a separate payment by MTC.

By joining this lawsuit, you are allowing Gary K. Burger of Burger Law, LLC, to represent your interest. In addition, you are agreeing that Plaintiffs may make decisions on your behalf regarding this lawsuit, including the manner and method of conducting the suit. The decisions and agreements entered into by Plaintiffs will be binding on you if you join this lawsuit. Further, you will be bound by the judgment of the Court on all issues in this case, including the reasonableness of any settlement.

No Legal Effect in Not Joining the Suit

If you choose not to join this lawsuit, you will not be affected by any judgment or settlement rendered in this case, whether favorable or unfavorable. If you choose not to join in this lawsuit, you may file your own lawsuit.

Your Legal Representation if You Join

If you choose to join this lawsuit, your interests will be represented by:

Gary Burger
Burger Law, LLC
500 N Broadway, Suite 1860
St. Louis, Missouri, 63102
(314) 648-8348
(866) 599-2222
Gary@Burgerlaw.com
MTC@Burgerlaw.com

Further Information

Further information about this Notice, the deadline for filing a “Consent to Become a Party Plaintiff” form, or questions concerning this lawsuit may be obtained by writing or telephoning Plaintiffs’ counsel at the number and address stated above.

Defendant is Represented By:

Jackson Lewis P.C.
Veronica T. von Grabow
950 17th Street, Suite 2600
Denver, Colorado 80202
Veronica.vongrabow@jacksonlewis.com

THIS NOTICE HAS BEEN AUTHORIZED BY UNITED STATES DISTRICT DALE A. KIMBALL OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH. THE COURT HAS TAKEN NO POSITION REGARDING THE MERITS OF THIS LAWSUIT. PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE.

Additional Case Documents

Amended Complaint

Motion to Approve Class Certification

Notice of Collective Action Lawsuit

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